Litigation Strategies

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“Are You Being Served?” If So, Your ESI Must Be Preserved!

Unlike the classic British sitcom "Are You Being Served?", as any business owner who has been on the receiving end of a threat of litigation or was served with a complaint can attest, there is nothing remotely amusing about...more

A Picture is Worth 1000 Words — Video Depositions

in BioMarin Pharmaceutical Inc. v. Genzyme Therapeutic Products Limited Partnership, IPR2013-00534, Paper 32, IPR2013-00537, Paper 31 (April 11, 2014), the patent owner sought to take video cross examination of the...more

SLAPP’d in Los Angeles: A Guide to California’s Anti-SLAPP Law

This post is the first in a series on California’s anti-SLAPP law from the perspective of Los Angeles appellate and trial attorney, Jeffrey Lewis. What is a SLAPP? ...more

UPDATE: Money, Money, Money: Top 10 Trade Secret Verdicts (With Our Runner-Up Overturned)

Big IP verdicts aren’t limited to patent cases. Trade secrets can mean big money, too. Really big. As in multi-, multi-million dollar verdicts. And the trend is up with more than half of the top ten verdicts coming out in...more

Ineffective Motions to Dismiss Erode the Power of the Reform Act

In 1995, public companies and their directors and officers received one of the greatest statutory gifts in the history of American corporate law: the Private Securities Litigation Reform Act. The Reform Act established...more

Securities Litigators Who Do Not Understand Insurance Coverage Could Pay Dearly

There was a time not that long ago when lawyers representing parties in securities litigation and arbitration did not have to concern themselves too much with insurance coverage issues. Federal and state statutory securities...more

Introduction to the MDL Settlement Process

This four-part series will present a discussion on settling multidistrict litigations (“MDLs”). I will begin with Introduction to the MDL Settlement Process, followed by Best Practices for Settling, Ethical Obligations of...more

The Hague Convention: Defending a Japanese Company in U.S. PL Litigation

Japan is currently the fourth-largest U.S. trading partner, exporting on average, $130 billion in goods to the United States each year. More than half of all of those goods are manufactured products in the form of vehicles or...more

How to Get Out Of Dodge: Winning Patent Venue Transfer Strategies and the Federal Circuit

Proper venue is important in U.S. district court litigation; you can’t live without it. But successfully changing venue to a different district court can be even more important because transfer can seriously disrupt...more

To Offer or Not to Offer: Post Genesis, Uncertainty Continues Regarding the Impact of Rule 68 Offers of Judgment in the Class...

Hit with a putative consumer class action? One of the first questions that should be considered is whether to make an offer of judgment to the named plaintiff(s). Federal Rule of Civil Procedure 68 permits a defendant to...more

How to Protect Your Summary Judgment Win: Employer’s Victory Reversed in Age Bias Case

Motions for summary judgment are among the most important—and efficient—devices for defeating a discrimination suit brought by an employee against an employer. If successful, these motions serve to narrow issues to be...more

Some Considerations when Preparing to Try a Property Damage Subrogation Case in the Age of CSI

Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for...more

Litigating the Malicious Prosecution Case

Powerpoint Presentation by Jeffrey Lewis on tips for litigating Malicious Prosecution actions in California...more

To Settle Or Not To Settle: Eight Questions Corporate Counsel Should Ask In Evaluating Class Action Settlements

To settle or not to settle; that is the question, right? It is asked when you receive the demand letter threatening a class action, when the complaint is filed and served, at the initial scheduling conference, before the...more

Derivative Litigation Representation: Strategic and Ethical Issues

Shareholder litigation comes in waves. There is a widespread belief that the next big wave will be shareholder derivative litigation – a shareholder’s assertion of a claim belonging to the corporation, typically brought...more

Presumptions of Reliance: What They Really Mean and How to Defeat Them

When Henry Stanley posed the famous query, ‘‘Dr. Livingstone, I presume?,’’ he made a deduction based on common sense and probability. His question was amusing not only by virtue of its formality, but also because of the...more

Challenging FIRREA Subpoenas: The RMBS Working Group Faces Subpoena Fight

As the Justice Department has stepped up its pursuit of financial institutions, there has been a surge of civil fraud lawsuits brought by the government under FIRREA — the Financial Institutions Reform, Recovery, and...more

Ice Storms, My Secret Internet And Other Myths

Winter is around the corner. On the calendar, however, it’s not yet here. Surely Mother Nature is aware of this. Still, an ice storm currently engulfs large swaths of our nation and is leaving many of us without power or...more

Strategies In Class Action Engagement: Response To Class Certification

This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. An order granting class certification is not the end of the battle regarding...more

Strategies In Class Action Engagement: Third-Party Depositions

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we begin a discussion of the use of expert testimony. Occasionally,...more

Status Hearings: Faris v. Eftimovski

For sometime now, litigants have largely treated status hearings as an ineffective procedural necessity in the litigation process. The result of these hearings is all too often an aggressive, court-approved litigation...more

Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin [Video]

Attorney Dominic Picca, Member of Mintz Levin's Litigation Practice, discusses the strategic advantages of settlement versus litigation....more

The ERISA Litigation Newsletter - October 2013

This month we return to the age-old question – "What makes someone a fiduciary?" As Nicole Eichberger explains, the Seventh Circuit reminded us that the meaning of a "functional fiduciary" depends on exercise/conduct in...more

The Risks of Litigation

In pursuing litigation it is often a wise strategy to “spread the net” as broadly as possible and include, as defendants, every possible party who may be liable. Not only does this approach provide greater opportunity,...more

Defense Strategies for Navigating Patent Litigation in China

We have observed a stark increase in the number of clients exposed to patent litigations in China. As China has become both an R&D and manufacturing base as well as one of the fastest growing consumer markets of multinational...more

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